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A Comparative Review on Civil Money Penalties in Aviation Law (항공 과징금 제도의 비교법적 검토)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.3-38
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    • 2019
  • In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

A study on the awareness about "Dong-YI(東夷)" in Confucianism scripture (유교경전의 동이 인식에 관한 연구 - 13경 및 그 주석서를 중심으로 -)

  • Ham, HyunChan
    • The Journal of Korean Philosophical History
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    • no.30
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    • pp.123-159
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    • 2010
  • Dongyi (Chinese: 東夷; pinyin: Dˉongyˊi; Wade-Giles: Tung-yi; literally "eastern 'barbarians'") was a collective term for people in eastern China and in the east of China. People referred to as Dongyi vary across the ages. The early Dongyi culture was one of earliest neolithic cultures in China. According to the earliest Chinese record, Zuo Zhuan, the Shang Dynasty was attacked by King Wu of Zhou, while attacking Dongyi, and collapsed afterwards Dongyi culture was one of the oldest neolithic cultures in China. Some Chinese scholars extend the historical use of Dongyi to prehistoric times, according to this belief, the neolithic culture correlates to Houli culture, Beixin culture, Dawenkou culture, Longshan culture and Yueshi culture, five evolutionary phases. Deliang He, thinks that Dongyi culture used to be one of the leading cultures in neolithic China. The writing system of Dongyi was one of the oldest writing systems in neolithic China. There are opinions that the 20 pictogram characters discovered in a Dongyi tomb (山東?縣大汶口墓葬) in Shangdong indictates some of the characters found, like "旦, 越, 斤, 皇, 封, 酒, 拍, ?", are still used in Chinese characters. There are also opinions that Dongyi people were the inventor of arrows. Some classic Chinese history records like Zuo Zhuan, Shuowen Jiezi, Classic of Rites, all have some similar records about this. [3][4] The legendary god of archery in Chinese mythology, Houyi, could also be a Dongyi leader. Based on archeology findings, Dongyi people's ancestral worship totem is bird-shaped. In the meantime, The fundamental thing that Koreans should do is to find out Korean identy. Koreans cannot achieve their goals unless they enforce politics economics, educations, etc. in harmony with their own identity. However, some people say that Koreans do not have any dentity on the grounds that there is no Korean traditional thought. This view is, however, absolutely absurd because it is impossible for a nation to exist for oner five thousand years without having it's own native characteristics. The most essential thought in Korean identity is Confucius' In(仁). In is originated from Yi(夷) or Yi-jok(夷族)'s heart. On this account, Confucius' In can be a precious thought to Korean people who have been suffering from many problem caused by the absence of Korean identity. If Korean could understand their original characteristics and if Korean couldrealize that their original characteristics are Confucius' In, then our culture and identity recovery of though may maximize efficiency of country and society development.

A Brief Review of Backgrounds behind "Multi-Purpose Performance Halls" in South Korea (우리나라 다목적 공연장의 탄생배경에 관한 소고)

  • Kim, Kyoung-A
    • (The) Research of the performance art and culture
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    • no.41
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    • pp.5-38
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    • 2020
  • The current state of performance halls in South Korea is closely related to the performance art and culture of the nation as the culture of putting on and enjoying a performance is deeply rooted in public culture and arts halls representing each area at the local government level. Today, public culture and arts halls have multiple management purposes, and the subjects of their management are in the public domain including the central and local governments or investment and donation foundations in overwhelming cases. Public culture and arts halls thus have close correlations with the institutional aspect of cultural policies as the objects of culture and art policies at the central and local government level. The full-blown era of public culture and arts halls opened up in the 1980s~1990s, during which multi-purpose performance halls of a similar structure became universal around the nation. Public culture and arts halls of the uniform shape were distributed around the nation with no premise of genre characteristics or local environments for arts, and this was attributed to the cultural policies of the military regime. The Park Chung-hee regime proclaimed Yusin that was beyond the Constitution and enacted the Culture and Arts Promotion Act(September, 1972), which was the first culture and arts act in the nation. Based on the act, a five-year plan for the promotion of culture and arts(1973) was made and led to the construction of cultural facilities. "Public culture and arts" halls or "culture" halls were built to serve multiple purposes around the nation because the Culture and Arts Promotion Act, which is called the starting point of the nation's legal system for culture and arts, defined "culture and arts" as "matters regarding literature, art, music, entertainment, and publications." The definition became a ground for the current "multi-purpose" concept. The organization of Ministry of Culture and Public Information set up a culture and administration system to state its supervision of "culture and arts" and distinguish popular culture from the promotion of arts. During the period, former President Park exhibited his perception of "culture=arts=culture and arts" in his speeches. Arts belonged to the category of culture, but it was considered as "culture and arts." There was no department devoted to arts policies when the act was enacted with a broad scope of culture accepted. This ambiguity worked as a mechanism to mobilize arts in ideological utilizations as a policy. Against this backdrop, the Sejong Center for the Performing Arts, a multi-purpose performance hall, was established in 1978 based on the Culture and Arts Promotion Act under the supervision of Ministry of Culture and Public Information. There were, however, conflicts of value over the issue of accepting the popular music among the "culture and arts = multiple purposes" of the system, "culture ≠ arts" of the cultural organization that pushed forward its establishment, and "culture and arts = arts" perceived by the powerful class. The new military regime seized power after Coup d'état of December 12, 1979 and failed at its culture policy of bringing the resistance force within the system. It tried to differentiate itself from the Park regime by converting the perception into "expansion of opportunities for the people to enjoy culture" to gain people's supports both from the side of resistance and that of support. For the Chun Doo-hwan regime, differentiating itself from the previous regime was to secure legitimacy. Expansion of opportunities to enjoy culture was pushed forward at the level of national distribution. This approach thus failed to settle down as a long-term policy of arts development, and the military regime tried to secure its legitimacy through the symbolism of hardware. During the period, the institutional ground for public culture and arts halls was based on the definition of "culture and arts" in the Culture and Arts Promotion Act enacted under the Yusin system of the Park regime. The "multi-purpose" concept, which was the management goal of public performance halls, was born based on this. In this context of the times, proscenium performance halls of a similar structure and public culture and arts halls with a similar management goal were established around the nation, leading to today's performance art and culture in the nation.

An Exploratory Study on Measuring Brand Image from a Network Perspective (네트워크 관점에서 바라본 브랜드 이미지 측정에 대한 탐색적 연구)

  • Jung, Sangyoon;Chang, Jung Ah;Rho, Sangkyu
    • The Journal of Society for e-Business Studies
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    • v.25 no.4
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    • pp.33-60
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    • 2020
  • Along with the rapid advance in internet technologies, ubiquitous mobile device usage has enabled consumers to access real-time information and increased interaction with others through various social media. Consumers can now get information more easily when making purchase decisions, and these changes are affecting the brand landscape. In a digitally connected world, brand image is not communicated to the consumers one-sidedly. Rather, with consumers' growing influence, it is a result of co-creation where consumers have an active role in building brand image. This explains a reality where people no longer purchase products just because they know the brand or because it is a famous brand. However, there has been little discussion on the matter, and many practitioners still rely on the traditional measures of brand indicators. The goal of this research is to present the limitations of traditional definition and measurement of brand and brand image, and propose a more direct and adequate measure that reflects the nature of a connected world. Inspired by the proverb, "A man is known by the company he keeps," the proposed measurement offers insight to the position of brand (or brand image) through co-purchased product networks. This paper suggests a framework of network analysis that clusters brands of cosmetics by the frequency of other products purchased together. This is done by analyzing product networks of a brand extracted from actual purchase data on Amazon.com. This is a more direct approach, compared to past measures where consumers' intention or cognitive aspects are examined through survey. The practical implication is that our research attempts to close the gap between brand indicators and actual purchase behavior. From a theoretical standpoint, this paper extends the traditional conceptualization of brand image to a network perspective that reflects the nature of a digitally connected society.

International Comparative Study on Education for International Understanding(EIU) : Based on the Regional Analysis of Europe, North America, Asia Pacific, and Africa (국제이해교육의 지역별 동향 분석 연구: 유럽·북미·아시아태평양·아프리카를 중심으로)

  • Kim, Hyun-Duk;Kang, Soon-Won;Yi, Kyeong-Han;Kim, Da-Won
    • Korean Journal of Comparative Education
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    • v.27 no.4
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    • pp.127-154
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    • 2017
  • EIU has evolved diversely depending on the national environment and culture on the basis of the philosophy of individual human rights and world peace articulated in the "1974 Recommendation on EIU". However, the global environment surrounding EIU has been changed socially, economically, culturally and ecologically in the 21st century, and therefore it is necessary to raise the following questions: Is the concept of EIU initiated for international understanding and cooperation for world peace in the 20th century still valid in the 21st century? Which direction should we take in order for EIU to be efficient in the globalized world? To answer these questions, this study reviewed and analyzed the historical development and current trends of the EIU in the regions of Europe, North America, Asia Pacific area, and Africa. For the empirical study, thirty-four experts in EIU selected from the four regions were interviewed by the researchers. Based on the interviews and the related literature review, it was found that the diverse terms of EIU were used in the four regions and the focus on EIU was different depending on the geographical, historical and social environment of each region. But, despite of the diversity in terminology in EIU, human rights, peace, equity and social justice which are emphasized by UNESCO, were universally taught in EIU. The EIU in these regions is currently dealt with in school education, social education and lifelong education, and particularly global citizenship allowing multiple identities is importantly treated together with citizenship education. Another important aspect of EIU that was commonly found in these four regions was that global citizenship education for solving global problems was coexistent with the reinforcement of nationalism for the economic competency of each nation in a globalized world. The issue of global inequality was particularly dealt with in EIU, and the teaching of voluntary civic involvement and responsibility were particularly emphasized in EIU. Based on these research findings, the study proposes "glocalism", connecting global issues with local issues for solving global problems, as a new approach to the EIU of the 21st century.

Effects and Roles of Korean Community Dance (한국 커뮤니티 댄스의 효과와 역할)

  • Park, Sojung
    • Trans-
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    • v.9
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    • pp.37-66
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    • 2020
  • Entering the 21st century, the flow of society and culture is emerging as a cultural phenomenon in which one experiences, enjoys, and experiences on one's own. This trend has emerged as community dance, which has been active since 2010. Community dances can be targeted by anyone and can be divided into children's, adult and senior citizens' dances depending on the characteristics and age of the group, allowing them to work in various age groups. It also refers to all kinds of dances for the happiness and self-achievement of everyone who can promote gender, race and religion health or meet the needs of expression and improve their physical strength at meetings by age group, from preschoolers to senior citizens. Community dance is a dance activity in which everyone takes advantage of their leisure time and voluntarily participates in joyous activities, making it expandable to lifelong education and social learning. It is a voluntary community gathering conducted by experts for the general public. The definition of community dance can be said to be the aggregate of physical activities that enrich an individual's daily life and enhance their social sense to create a bright society, while individuals achieve the goals of health promotion and aesthetic education. In the contemporary community dance, the dance experience in body and creativity as self-expression reflects the happiness perspective by exploring the positive psychological experience and influence of the participants in the process of participation, and participants have continued networking through online offline to enjoy the dance culture. Although research has been conducted in various fields for 10 years since the boom in community dance began, the actual methodology of the program has been insufficient to present the Feldenkrais Method, hoping that it will be used as a methodology necessary for local community dance, and will be used as part of the educational effects and choreography creation methods of artists that can improve the physical functional aspects of dance and give a sense of psychological stability.

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Study on the Current Status Analysis of Urban Green Spaces in Seoul Focusing on Elementary School Surroundings - Remote Sensing Based Vegetation Classification - (초등학교 주변을 중심으로 본 서울시 도시녹지 현황 분석 및 고찰 - 원격탐사 방법을 이용한 식생분류 -)

  • Kim, Hyun-Ok
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.5
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    • pp.8-18
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    • 2012
  • Urban nature plays an important role not only in the improvement of the physical environment but also from the perspective of psychological and social function. In particular, schoolyards as well as the green spaces near school surroundings function as a primary space for urban children to experience nature in Korea, as they spend most of their time at school. In this study, the status of urban green spaces near school surroundings was examined. For the analysis, 185 elementary schools in Seoul were selected and the green spaces within a radius of 300m(defined as 'school zone' in this study) were analyzed using the Rapid Eye multispectral satellite image data. The mean green space ratio of school zone accounts to about 21% with a high variation from 74% to 0.7% and more than half of the school zone have a green space ratio of less than 20%. Schools with a high green space ratio in their school zone are mostly located near urban forests, so forest areas particularly contribute to increase the green space ratio. Furthermore, forest vegetation shows relatively higher vitality than other green spaces located in urbanized areas. In contrast, schools with a low green space ratio in their school zone are mostly situated in high-density residential areas and the green spaces show relatively low vegetation vitality. Except for the urban forest, the majority of urban green spaces in urbanized areas are landscape green facilities in apartment districts. The other types of urban open spaces such as environmentally shaped schoolyards or street parks account only for a very small proportion of school surroundings. Therefore, it is needed to establish countermeasures in the context of urban planning; e.g. to promote the school forest projects preferentially by selecting schools with a extremely low green space ratio in their school zone, to foster roof greening in near surroundings, and to connect schoolyards organically with nearby apartment landscape green facilities as an easily accessible urban open space.

The Research Trend and Narrative Expandability of Borderlands Studies in Europe and North America -A Review Article: Globalizing Borderlands Studies in Europe and North America (유럽과 북미에서의 접경지대 연구 동향과 서사의 확장성 -『유럽과 북미 지역 접경지대 연구의 세계화』 읽기)

  • Ban, Kee-Hyun
    • Journal of Popular Narrative
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    • v.26 no.2
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    • pp.251-276
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    • 2020
  • The purpose of this article is to critically read Globalizing Borderlands Studies in Europe and North America to examine trends in border studies conducted so far in Europe and North America and to discuss the expandability and limitations of the narrative. It introduces a variety of case studies covering the borderlands of Europe and North America from ancient to modern times. It consists of a total of 10 chapters, in addition to the introduction chapter to clarify the purpose and definition of the collaboration and the short conclusion chapter on the prospects for the future of borderlands studies. This volume has some important implications for current borderland research in two main respects. First, it can introduce us we the areas and targets that the leading researchers from European and North American academia (usually the United States') have paid attention to. It also examines the current status of borderland research and predicts whether it will be possible to study various border areas where exist in other regions (especially in Asia) based on accumulating academic achievements, as well as the possibility of expansion of so-called 'globalization'. Second, it introduces the borderland as a conceptual space, beyond the border area as a physical space that is commonly thought of when it comes to 'border'. Cases of "conceptual borderlands" can be applied to a number of topics ranging from an individual's identities to the methods of governance, religions, economies, social institutions, families, labor issues, public health services and gender issues. There are, however, also some questions to be noted in the volume: the lack of consistent use of terminology, which can be considered general problems of collaboration studies; the fact that the authors still tend to understand borderlands within the imperialist discourse, perhaps because of their academic background is situated mainly in Europe and North America; the borderlands cases described here as the areas of conflict and struggle only. Nevertheless, the book is of significance in that it suggests a possibility of various borderlands studies and helps us to have better understanding of the current geopolitical situation imposed on the Korean Peninsula, which is located on the borderland between the continental and maritime powers.

Assessing Potential Damage of Flood Eventsfor Ecosystem Service Account (생태계서비스 계정화를 위한 홍수의 잠재적 피해 평가)

  • Tae-Ho Lee;Hee-Jin Moon;Ji-Min Lee;Gum-Sung Cheon
    • Journal of Environmental Impact Assessment
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    • v.33 no.6
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    • pp.409-421
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    • 2024
  • Climate change increases the frequency and intensity of floods, and damage to life and property caused by floods is increasing. Among various alternatives for flood mitigation, interest in nature-based flood mitigation is gradually increasing. Ecosystem service accounting is being discussed internationally for the purpose of maintaining and preserving natural ecosystems with flood control functions. In order to account for ecosystem services, evaluation of the relevant services must be conducted first. For evaluation, the three elements of 'potential supply capacity of the ecosystem', 'human demand', and 'flow', which is the amount of benefits, and the relationship between them must be considered. In existing flood control ecosystem service evaluation studies, definitions and methodological studies on ecosystem supply capacity contributing to flood control and demand benefiting from it have been limited. However, actual quantification and monetary evaluation of service flow have not been conducted, so the usability of research results in terms of ecosystem accounting is low. In this study, flood control ecosystem service flow in a national basin was estimated in monetary value by applying a flood-depth damage function by land characteristics to areas expected to be flooded. The study results show that the ecosystem service benefits of the upstream ecosystem of the river basin, which controls flooding in the downstream area, received by the country with a 500-year rainfall frequency are estimated to be a total of 25 trillion 4,571 billion per year. If the benefits are calculated as annual units for accounting by considering the occurrence probability, it is approximately 50.9 billion won. These results assume that the entire upstream ecosystem of the river basin performs flood functions and that the functions of existing disaster prevention facilities are not being performed. In future studies, to solve these problems, it is necessary to measure the service flow considering existing disaster prevention facilities and conduct research considering various flood frequencies and occurrence probabilities.

A Study on the Legislative System of Air Carrier's Liability in case of Delay of Passengers or Baggage (여객 및 수하물의 연착으로 인한 항공운송인의 손해배상책임제도에 관한 연구)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.2
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    • pp.107-142
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    • 2012
  • An aircraft has been one of the most important transportation means and disputes due to damage caused by delay of the aircraft happen many times out of ones related to the air transport. In 2011, the Air Transport Act in Commercial Law was established to regulate national air transport and the legislative system of air carrier's liability to handle delay of passengers or baggage was legislated here. Although there are some clauses related to the legislative system of air carrier's liability, they are very important because they deal with disputes due to damage caused by delay of the aircraft. The Air Transport Act in Commercial Law has a good point of adopting the global standard of 1999 Montreal Convention, but it has also a bad point of having the problems of 1999 Montreal Convention. There are some contents to be modified in the Air Transport Act in Commercial Law. First, the definition of 'Delay of Aircraft' needs to be enacted because it is important to materialize air carrier's liability due to damage caused by delay. Second, it is necessary to modify the clause in which air carrier's liability due to damage caused by delay of passengers is divided into two things, one is in case of national air transport and the other is in case of international air transport, and the limited amount of air carrier's liability in national air transport is eight times less than the latter because they are not so helpful to air carriers but too disadvantageous to aircraft passengers. Third, it is also necessary to amend the clause in which the limited amount of air carrier's liability due to damage caused by loss damage or delay of baggage has been legislated same without classifying the case into loss damage and delay, because they are generally different from each other in terms of extent of damage, therefore the limited amount of air carrier's liability by delay of baggage should be classified into in case of loss damage and in case of delay. It is desired that the Air Transport Act in Commercial Law including the clauses related to air carrier's liability by aircraft damage be developed continually by sufficient study and discussion about the necessity of amending it such as the one mentioned above.

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